Latest news with #legal victory
Fox News
6 days ago
- Politics
- Fox News
New faith group that uses 'psychedelic mushrooms' lands legal win under religious freedom law
A new faith group based in Utah that uses "psychedelic mushrooms" landed a legal victory this week under the state's religious freedom law. Lee Jensen – founder of the non-profit known as Singularism – sued the city of Provo and Utah County in December claiming violations of protections under the U.S. Constitution, state constitution and the Utah Religious Freedom Restoration Act. The complaint says Jensen, Singularism and the faith group's for-profit arm, Psyche Healing and Bridging LLC dba Psychedelic Therapy Journey, "utilize sacramental psilocybin tea to access the divine, open spiritual pathways, and alleviate human suffering by weaving together centuries of entheogenic religious practice with what Plaintiffs view as illuminated approaches of modern mental health clinicians." Court documents say law enforcement searched Singularism's spiritual center, seized items including "the sacramental psilocybin used in Singularism's ceremonies," and threatened the landlord to evict Singularism from the property. The lawsuit said Jensen "now faces impending criminal charges related to psilocybin, and Singularism, a small minority religious group, risks being evicted and otherwise wiped off the map by overzealous authorities." U.S. District Judge Jill Parrish – an appointee of former President Barack Obama – on Monday granted the plaintiffs' request for a preliminary injunction, saying the county imposed a "substantial burden" on sincere religious freedom. "The irreparable injury to Plaintiffs is not merely theoretical," Parrish wrote. "Based on the record in this case, the court notes once again its finding that the prosecution was brought in bad faith as part of a larger effort to harass Plaintiffs for their entheogenic religious practices and in hopes of giving the government a second opportunity to litigate the free-exercise issues presented squarely in this case." "The prosecution has already caused Singularism to lose many of its practitioners and affiliates, and forcing Plaintiffs to wait until the conclusion of the criminal proceedings to secure their free-exercise rights would be the equivalent of issuing a death warrant for their nascent religion," the judge continued. "For these reasons, the court grants Plaintiffs' motion for an anti-suit injunction pending final judgment in this court enjoining further proceedings in the state criminal case against Mr. Jensen insofar as that case prosecutes him for violating the Utah Controlled Substances Act's prohibitions on psilocybin." Psilocybin is illegal in Utah under most circumstances and is considered a classified as a Schedule I controlled substance under state law, placing it in the same category as substances like heroin and LSD. A state pilot program, legalized in March 2024, allows two of the state's main hospital systems to use psilocybin and MDMA therapy to treat behavorial health problems under strict regulations for patients 18 and older. The judge noted that defendants "argue the medical psilocybin exemption does not differentiate based on religion because it applies to all licensed healthcare providers regardless of their religious beliefs or affiliations." "Their observation, although correct, misses the point. The Free Exercise Clause is concerned not just with evenhandedness among religions but also evenhandedness between religion and nonreligion," Parrish wrote. "A specific, secular exemption forpsilocybin without an accompanying religious exemption indicates that the law is not evenhanded as between religion and nonreligion because it 'prohibits religious conduct while permitting secular conduct that undermines the government's asserted interests in a similar way.'" Utah is considered one of the most religious states in the U.S., largely due to the strong influence of The Church of Jesus Christ of Latter-day Saints, also known as the Mormon Church. The state law known as the Utah Religious Freedom Restoration Act took effect in May 2024 and expands protections and establishes legal standards for when the government can intervene in religious exercises. It specifically "prohibits a government entity from substantially burdening a person's free exercise of religion, unless the burden is essential to furthering a compelling governmental interest and is the least restrictive means of furthering that interest." Jensen welcomed the court win on Monday, though the final judgment on the case remains pending. "The judge has recognized this for what it is. It's retaliatory charges that came in bad faith," the faith group's founder told KTVX. "When you protect the religious freedoms of one religion, you protect the freedoms of all of them."
Reuters
23-07-2025
- Politics
- Reuters
US judge orders deported migrant Abrego released ahead of trial
WASHINGTON, July 23 (Reuters) - A U.S. judge ordered on Wednesday that Kilmar Abrego be released on bail while awaiting trial on human smuggling charges, a legal victory for the migrant who was wrongly deported to El Salvador by the Trump administration, but one that likely sets the stage for him to be detained again by immigration authorities. U.S. District Judge Waverly Crenshaw in Nashville upheld a magistrate judge's ruling that prosecutors had not shown sufficient evidence that Abrego posed a public safety threat or was a flight risk. Simultaneously on Wednesday, U.S. District Judge Paula Xinis in Greenbelt, Maryland, who is overseeing a civil lawsuit brought by Abrego, put a 72-hour pause on any further attempt by the Trump administration to deport Abrego. The ruling will likely not lead to Abrego's release from U.S. government custody and will trigger a renewed legal battle over whether he can be deported again. Abrego's lawyers have asked for the ruling to be paused for 30 days, keeping him in criminal detention as they weigh their next moves. President Donald Trump's administration has previously said if Abrego is freed from criminal custody, he will immediately be taken into immigration detention and face a second deportation to a country other than El Salvador. The immigration proceedings will begin immediately and could lead to Abrego's removal from the U.S. before a criminal trial, officials have said, despite the Trump administration's previous vow that Abrego would face justice in an American courtroom. Abrego, 29, a Salvadoran migrant who had been living in Maryland, was deported and imprisoned in El Salvador in March despite a 2019 judicial ruling that he could not be sent there because of a risk of gang persecution. Abrego's case has drawn widespread attention as the Trump administration moves aggressively to deport millions living illegally in the U.S., prompting criticism that the government is infringing on legal rights. The Trump administration brought Abrego back to the U.S. in June after securing an indictment accusing him of taking part in a smuggling ring as part of the MS-13 gang to transport migrants living in the country illegally. Abrego has pleaded not guilty and his lawyers have accused the Trump administration of bringing the charges to cover up violations of his rights. He has denied any gang ties. Federal prosecutors sought to convince two different judges to order Abrego be detained while awaiting a trial. They alleged that Abrego used children as cover during smuggling trips, faced complaints that he mistreated female passengers and lied about his activities when stopped by police in 2022. Lawyers for Abrego have argued that alleged co-conspirators cooperating with prosecutors cannot be trusted because they are seeking relief from their own criminal charges and deportations. The defense has argued that witnesses gave inconsistent statements to investigators, including about the government's core allegation that Abrego is a member of the MS-13 gang.
